Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations 2435 

1A nonlinearity is a situation where output does 

not change in the same proportion as input. 

Discussion 

The 747–8/–8F is equipped with an 

electronic flight control system that 

provides roll control of the airplane 

through pilot inputs to the flight 

computers. Current part 25 

airworthiness regulations account for 

‘‘control laws,’’ for which aileron 

deflection is proportional to control 

wheel deflection. They do not address 

any nonlinearities 1 or other effects on 

aileron and spoiler actuation that may 

be caused by electronic flight controls. 

Therefore, the FAA considers the flight 

control system to be a novel and 

unusual feature compared to those 

envisioned when current regulations 

were adopted. Since this type of system 

may affect flight loads, and therefore the 

structural capability of the airplane, 

special conditions are needed to address 

these effects. 

These special conditions differ from 

current requirements in that the special 

conditions require that the roll 

maneuver result from defined 

movements of the cockpit roll control as 

opposed to defined aileron deflections. 

Also, these special conditions require an 

additional load condition at design 

maneuvering speed (VA), in which the 

cockpit roll control is returned to 

neutral following the initial roll input. 

These special conditions differ from 

similar special conditions applied to 

previous designs. These special 

conditions are limited to the roll axis 

only, whereas previous special 

conditions also included pitch and yaw 

axes. A special condition is no longer 

needed for the yaw axis because 

§ 25.351 was revised at Amendment 25– 

91 to take into account effects of an 

electronic flight control system. No 

special condition is needed for the pitch 

axis because the current requirement 

(§ 25.331(c)) is adequate. 

Discussion of Comments 

Notice of proposed special conditions 

No. 25–09–10–SC for the Boeing Model 

747–8/–8F airplanes was published in 

the Federal Register on October 8, 2009 

(74 FR 51813). No comments were 

received. 

Applicability 

As discussed above, these special 

conditions are applicable to the Boeing 

Model 747–8/–8F airplanes. Should 

Boeing apply at a later date for a change 

to the type certificate to include another 

model incorporating the same novel or 

unusual design features, these special 

conditions would apply to that model as 

well under the provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features of the Boeing 

Model 747–8/–8F airplanes. It is not a 

rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for the Boeing Model 747–8/–8F 

airplanes. 

In lieu of compliance with § 25.349(a), 

the Boeing Model 747–8/–8F must 

comply with the following special 

conditions. 

The following conditions, speeds, and 

cockpit roll control motions (except as 

the motions may be limited by pilot 

effort) must be considered in 

combination with an airplane load 

factor of zero, and separately, two-thirds 

of the positive maneuvering factor used 

in design. In determining the resulting 

control surface deflections, the torsional 

flexibility of the wing must be 

considered in accordance with 

§ 25.301(b): 

(a) Conditions corresponding to 

steady rolling velocities must be 

investigated. In addition, conditions 

corresponding to maximum angular 

acceleration must be investigated. For 

the angular acceleration conditions, zero 

rolling velocity may be assumed in the 

absence of a rational time history 

investigation of the maneuver. 

(b) At VA, sudden movement of the 

cockpit roll control up to the limit is 

assumed. The position of the cockpit 

roll control must be maintained until a 

steady roll rate is achieved and then 

must be returned suddenly to the 

neutral position. 

(c) At VC, the cockpit roll control 

must be moved suddenly and 

maintained so as to achieve a roll rate 

not less than that obtained in paragraph 

(b). 

(d) At VD, the cockpit roll control 

must be moved suddenly and 

maintained so as to achieve a roll rate 

not less than one third of that obtained 

in paragraph (b). 

Issued in Renton, Washington, on January 

5, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–662 Filed 1–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 0908111226–91431–01] 

RIN 0694–AE70 

Addition to the List of Validated EndUsers in the People’s Republic of 

China (PRC) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to add an entity to the list of 

validated end-users for the People’s 

Republic of China (PRC) approved to 

receive exports, reexports and transfers 

of certain items under Authorization 

Validated End-User (VEU). Specifically, 

this rule amends the EAR to add one 

additional validated end-user and 

identifies eligible items for export and 

reexport and transfer (in-country) to one 

facility in the PRC. In a final rule 

published in the Federal Register on 

June 19, 2007, BIS revised and clarified 

U.S. export control policy for the PRC, 

establishing Authorization VEU and 

identifying the PRC as the initial eligible 

destination. 

DATES: This rule is effective January 15, 

2010. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE70, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AE70’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: Sheila 

Quarterman, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, Attn: RIN 0694–AE70. 


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2436 Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285. Comments on 

this collection of information should be 

submitted separately from comments on 

the final rule (i.e., RIN 0694–AE70)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Scott Sangine, Acting Chair, 

End-User Review Committee, Bureau of 

Industry and Security, U.S. Department 

of Commerce, 14th Street & 

Pennsylvania Avenue, NW., 

Washington, DC 20230; by telephone 

(202) 482–3343, or by e-mail to 

bscott@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

(VEU): The List of Approved End-Users, 

Eligible Items and Destinations in the 

PRC 

Consistent with U.S. Government 

policy to facilitate trade for civilian endusers in the PRC, BIS amended the EAR 

in a final rule on June 19, 2007 (72 FR 

33646) by creating a new authorization 

for ‘‘validated end-users’’ located in 

eligible destinations to which eligible 

items (commodities, software and 

technology, except those controlled for 

missile technology or crime control 

reasons) may be exported, reexported or 

transferred under a general 

authorization instead of a license, in 

conformance with Section 748.15 of the 

EAR. 

Authorization VEU is a mechanism to 

facilitate increased high-technology 

exports to companies in eligible 

destinations that have a record of using 

such items responsibly. Currently, there 

are two eligible destinations, the 

People’s Republic of China (PRC) and 

India. Validated end-users may obtain 

eligible items that are on the Commerce 

Control List without having to wait for 

their suppliers to obtain export licenses 

from BIS. A wide range of items are 

eligible for shipment under 

Authorization VEU. In addition to U.S. 

exporters, Authorization VEU may be 

used by foreign reexporters, and does 

not have an expiration date. 

Additional Validated End-User in the 

PRC and Its Respective ‘‘Eligible Items 

(By ECCN)’’ and ‘‘Eligible Destination’’ 

This final rule amends Supplement 

No. 7 to Part 748 of the EAR to identify 

an additional company with eligible 

facilities in the PRC as a validated enduser and to identify the items that may 

be exported, reexported or transferred to 

it under Authorization VEU. This new 

entry is for Grace Semiconductor 

Manufacturing Corporation. It lists 

Export Control Classification Numbers 

(ECCNs) 1C350.c.3, 1C350.d.7, 2B230, 

2B350.d.2, 2B350.g.3, 2B350.i.4, 

3B001.a.1, 3B001.b, 3B001.c, 3B001.d, 

3B001.e, 3B001.f, 3B001.h, 3C002, 

3C004, 5B002, and 5E002 (limited to 

production technology for integrated 

circuits controlled by ECCNs 5A002 or 

5A992 that have been successfully 

reviewed under the encryption review 

process specified in sections 

740.17(b)(2) or 740.17(b)(3) and 742.15 

of the EAR; Note also the guidance on 

cryptographic interfaces (OCI) in section 

740.17(b) of the EAR) under ‘‘Eligible 

Items (By ECCN),’’ and includes the 

following facility name and address 

under ‘‘Eligible Destination’’: Grace 

Semiconductor Manufacturing 

Corporation, 1399 Zuchongzhi Road, 

Zhangjiang Hi-Tech Park, Shanghai, PR 

China 20123. 

With the publication of this final rule, 

the total number of validated end-users 

in the PRC is six, and the total number 

of eligible facilities in the PRC is 

sixteen. The validated end-users listed 

in Supplement No. 7 to Part 748 were 

reviewed and approved by the U.S. 

Government in accordance with the 

provisions of Section 748.15 and 

Supplement Nos. 8 and 9 to Part 748 of 

the EAR. 

Approving this new end-user as a 

validated end-user is expected to further 

facilitate exports to civil end-users in 

the PRC. Approval of this company also 

represents a significant savings of time 

for suppliers and end-users. 

Authorization VEU will eliminate the 

burden on exporters and reexporters of 

preparing license applications and on 

BIS for processing such applications, as 

exports and reexports will be made 

under general authorization instead of 

under license. This savings will enable 

exporters and reexporters to supply 

validated end-users much more quickly, 

thus enhancing the competitiveness of 

the exporters, reexporters, and endusers in the PRC. 

To ensure appropriate facilitation of 

exports and reexports, on-site reviews of 

the validated end-users may be 

warranted pursuant to paragraph 

748.15(a)(2) and Section 7(iv) of 

Supplement No. 8 to Part 748 of the 

EAR. If such reviews are warranted, BIS 

will inform the PRC Ministry of 

Commerce. 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as extended 

most recently by the Notice of August 

13, 2009 (74 FR 41325 (Aug. 14, 2009)), 

has continued the EAR in effect under 

the International Emergency Economic 

Powers Act. BIS continues to carry out 

the provisions of the Act, as appropriate 

and to the extent permitted by law, 

pursuant to Executive Order 13222. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for the purposes of 

Executive Order 12866. 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves collections previously 

approved by the OMB under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748; and for 

recordkeeping, reporting and review 

requirements in connection with 

Authorization Validated End-User, 

which carries an estimated burden of 30 

minutes per submission. This rule is 

expected to result in a decrease in 

license applications submitted to BIS. 

Total burden hours associated with the 

Paperwork Reduction Act and Office of 

Management and Budget control 

number 0694–0088 are not expected to 

increase significantly as a result of this 

rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to 5 U.S.C. 553(a)(1), 

notice of proposed rulemaking, the 

opportunity for public participation and 

a delay in effective date are inapplicable 

because this regulation involves a 

military and foreign affairs function of 

the United States. Further, no other law 

requires that a notice of proposed 

rulemaking and an opportunity for 

public comment be given for this final 

rule. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under the 

Administrative Procedure Act or by any 

other law, the analytical requirements of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) are not applicable. 

Therefore, this regulation is issued in 


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Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations 2437 

final form. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. Comments should be 

submitted to Sheila Quarterman, 

Regulatory Policy Division, Bureau of 

Industry and Security, U.S. Department 

of Commerce, 14th Street & 

Pennsylvania Avenue, NW., Room 2705, 

Washington, DC 20230. 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, part 748 of the Export 

Administrative Regulations (15 CFR 

Parts 730–774) is amended as follows: 

PART 748—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 748 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 13, 2009, 74 FR 41325 (August 14, 

2009). 

■ 2. Supplement No. 7 to Part 748 is 

amended by adding an entry under 

‘‘China (People’s Republic of)’’ in 

alphabetical order to read as follows: 

SUPPLEMENT NO. 7 TO PART 748— 

AUTHORIZATION VALIDATED ENDUSER (VEU); LIST OF VALIDATED 

END-USERS, RESPECTIVE ITEMS 

ELIGIBLE FOR EXPORT, REEXPORT 

AND TRANSFER AND ELIGIBLE 

DESTINATIONS 

Country Validated end-user Eligible items (by ECCN) Eligible destination 

China (People’s Republic 

of) 

* * * * * * * 

Grace Semiconductor Manufacturing Corporation.1C350.c.3, 1C350.d.7, 2B230, 2B350.d.2, 2B350.g.3, 

2B350.i.4, 3B001.a.1, 3B001.b, 3B001.c, 3B001.d, 

3B001.e, 3B001.f, 3B001.h, 3C002, 3C004, 5B002, 

and 5E002 (limited to production technology for integrated circuits controlled by ECCNs 5A002 or 5A992 

that have been successfully reviewed under the 

encryption review process specified in sections 

740.17(b)(2) or 740.17(b)(3) and 742.15 of the EAR; 

Note also the guidance on cryptographic interfaces 

(OCI) in section 740.17(b) of the EAR).

1399 Zuchongzhi Road 

Zhangjiang Hi-Tech Park 

Shanghai, PR China 

201203. 

* * * * * * * 

Dated: January 12, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–725 Filed 1–14–10; 8:45 am] 

BILLING CODE 3510–33–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Valuing and Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: Pension Benefit Guaranty 

Corporation’s regulation on Benefits 

Payable in Terminated Single-Employer 

Plans prescribes interest assumptions 

for valuing and paying certain benefits 

under terminating single-employer 

plans. This final rule amends the benefit 

payments regulation to adopt interest 

assumptions for plans with valuation 

dates in February 2010. Interest 

assumptions are also published on 

PBGC’s Web site (http://www.pbgc.gov). 

DATES: Effective February 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005, 202–326– 

4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulations prescribe actuarial 

assumptions—including interest 

assumptions—for valuing and paying 

plan benefits of terminating singleemployer plans covered by title IV of 

the Employee Retirement Income 

Security Act of 1974. The interest 

assumptions are intended to reflect 

current conditions in the financial and 

annuity markets. 

These interest assumptions are found 

in two PBGC regulations: the regulation 

on Benefits Payable in Terminated 

Single-Employer Plans (29 CFR part 

4022) and the regulation on Allocation 

of Assets in Single-Employer Plans (29 

CFR part 4044). Assumptions under the 

asset allocation regulation are updated 

quarterly; assumptions under the benefit 

payments regulation are updated 

monthly. This final rule updates only 

the assumptions under the benefit 

payments regulation. 

Two sets of interest assumptions are 

prescribed under the benefit payments 

regulation: (1) a set for PBGC to use to 

determine whether a benefit is payable 

as a lump sum and to determine lumpsum amounts to be paid by PBGC (found 

in Appendix B to Part 4022), and (2) a 

set for private-sector pension 

practitioners to refer to if they wish to 

use lump-sum interest rates determined 

using PBGC’s historical methodology 

(found in Appendix C to Part 4022). 

This amendment (1) adds to 

Appendix B to Part 4022 the interest 

assumptions for PBGC to use for its own 

lump-sum payments in plans with 

valuation dates during February 2010, 

and (2) adds to Appendix C to Part 4022 

the interest assumptions for privatesector pension practitioners to refer to if 

they wish to use lump-sum interest rates 

determined using PBGC’s historical 

methodology for valuation dates during 

February 2010. 

The interest assumptions that PBGC 

will use for its own lump-sum payments 

(set forth in Appendix B to part 4022) 

will be 2.75 percent for the period 

during which a benefit is in pay status 

and 4.00 percent during any years 

preceding the benefit’s placement in pay 

status. In comparison with the interest 

assumptions in effect for January 2010, 

these interest assumptions represent an 


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